Statement by @gurdena & @CookeMelanie Answering Questions of Worried Chelsea Fans and Confirming Support For All Football Fans

In the past 36 hours we have received numerous queries from Chelsea fans, concerned that their presence on a Paris Metro train may result in them being hounded by the press, arrested and sent to Paris for trial, and issued with a lengthy football banning order by the English courts.

Alison Gurden’s blog on the media witch-hunt and Twitter lynch-mob received over 3000 views in just 24 hours. It is hoped that Chelsea fans who went to Paris took her advice and either privatised their social media accounts, or only posted comments and photos which cannot be twisted and turned against them.  The blog is printed beneath this press release.

We are aware that many fans who were on the Metro train have already been harassed by the press, with reporters camping outside their houses and shouting through their letter boxes. Some fans’ family members and friends have also been tracked down by reporters and asked for comment.  The Paris incident itself has faded into the background in much of the newspaper reporting, with the newspapers instead choosing to identify a fan’s employer, school, university, family members and political affiliations. We are aware of fans who have been suspended from their employment, and others who are unable to attend college due to this press hounding.

The question many fans have asked is “will I end up in a Paris jail for just being in the photo taken on the Metro train?”. While we cannot give a definitive answer to this, any fan who is wanted by the Paris police, and who is on UK soil, must first be arrested in the UK under a European Arrest Warrant. This is a legal process, and any arrest can be challenged, however it must be challenged very early on, when the fan first appears in the English Magistrates Court. A fan is unlikely to be interviewed at the police station if they are arrested under a European Arrest Warrant, but they are entitled to legal advice and assistance and to have a family member or friend notified that they are under arrest.  A fan can also apply for bail when they first appear in the English Magistrates Court. The European Arrest Warrant is not just a rubber stamp to extradite a fan to Paris, but only if the fan challenges it from the very beginning, if they don’t challenge it, they could find themselves in a Paris court within 14 days.

The Metropolitan Police Service has issued a statement making it clear that it will seek football banning orders on all those involved in the incident on the Metro train. This will no doubt be in the form of a court summons, delivered by hand, to a fan at their home address. It will probably be delivered very early in the morning. These summons are usually accompanied by a costs schedule which states that the costs of opposing the police application will be £5000, but if the fan agrees in writing, there and then, to accept the ban, the costs will be waived. In our experience this is scaremongering. While we accept that the police can ask for costs in a case where they are successful in their football banning order application, the costs rarely reach anywhere close to £5000.

While we do not condone racism in any context, but we do believe in due process of law. It is evident that there is a gap in the protection of fan’s rights in high profile situations such as this.  We have experience of high profile football fan cases and we act in the best interests of the football fan client when handling the press, negotiating with employers or colleges, and representing in court. We are independent, not politically connected, nor affiliated to any organisation or football club, and will continue to support Chelsea FC fans, and any other fans facing a trial by media.

Alison Gurden, Barrister, 1 Gray’s Inn Square Chambers
Melanie Cooke, Solicitor.

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About gurdena

Social Justice Lawyer, interested in all things contentious. Specialising in criminal law, and anything criminal justice related, also employment law. Door tenant at 1 Grays Inn Square chambers. Find out more at www.alisongurden.com

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